Driving Under the Influence (DUI)

DUI can be classified as a felony or a misdemeanor in Arizona and it does not have to involve alcohol. A DUI conviction can be based upon perfectly legal, prescription drugs as well as alcohol and/or illegal drugs.
A conviction for any DUI offense will result in mandatory imprisonment, at least $1,407 in fines, fees and surcharges. Installation of an Ignition Interlock Device (IID) for at least one year is mandatory with any DUI conviction in Arizona. A DUI conviction will result in at least a 90-day license loss for a first offense and a 3-year revocation for a third offense. Commercial drivers can lose their licenses for life.
A DUI conviction results in a permanent criminal record which cannot be expunged in the State of Arizona. Arizona laws forbid a prosecutor from pleading a misdemeanor DUI to any other section of the motor vehicle code. A DUI charge is certainly worth fighting. Below is a brief overview of the elements required for conviction as well as mandatory minimum penalties as of January 1st, 2010. For the complete text of Title 28, the Arizona Motor Vehicle Code, click on the following link: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=28

Arizona's DUI Laws

DUI CLASSIFICATION
All DUIs in Arizona are Class One Misdemeanors UNLESS:
1. It is a third offense within 84 months (date of incidents control).
2. The driver’s license was invalid.
3. There was a child under 15 in the car at the time (felony child-abuse and endangerment charges may also be filed).

ELEMENTS OF DUI
DUI (A.R.S. §28-1381(A)(1))

• Driving a vehicle anywhere within the state
• While Under the Influence of alcohol or drugs or any combination
• If the driver is impaired to the slightest degree by reason of being under the influence
• All impairment must be from alcohol or drugs consumed prior to or while driving

BAC .08 or More (A.R.S. §28-1381(A)(2))

• Driving a vehicle anywhere within the state
• With a blood alcohol concentration of .080 or more
• As measured within 2 hours of driving
• The BAC must result from alcohol consumed prior to or while driving

DUI - Drugs (A.R.S. §28-1381(A)(3))

• Driving a vehicle anywhere within the state
• With a prohibited substance or its metabolite in the driver’s body

Driving a Commercial Vehicle BAC .04 or More (A.R.S. §28-1381(A)(2))

• Driving a commercial vehicle anywhere within the state
• With a blood alcohol concentration of .040 or more
• As measured within 2 hours of driving
• The BAC must result from alcohol consumed prior to or while driving

Extreme DUI--BAC .15-.199 (A.R.S. §28-1382)

• Driving a vehicle anywhere within the state
• With a blood alcohol concentration of .150-.199
• As measured within 2 hours of driving
• The BAC must result from alcohol consumed prior to or while driving

Super Extreme DUI--BAC .20 or More (A.R.S. §28-1382)

• Driving a vehicle anywhere within the state
• With a blood alcohol concentration of .20 or more
• As measured within 2 hours of driving
• The BAC must result from alcohol consumed prior to or while driving

Minor Driving with Alcohol in the Body (A.R.S. §4-244.33)

• Driving a vehicle anywhere within the state
• With any alcohol in the body
• Driver must be less than 21 years old.

MAXIMUM POSSIBLE PENALTIES
(Class One Misdemeanor)
180 Days Jail
$2,500 fine plus 80% surcharge
5 Years Supervised Probation
Community Service

MINIMUM PENALTIES
DUI & BAC .08 or More (A.R.S. §28-1381(A)(1) & (A)(2))
10 Days Jail, but 9 may be suspended upon successful completion of screening and treatment.
$1,470 Fine (which includes all surcharges except the jail reimbursement fee)
90 Day License Suspension (if it has not already been suspended by MVD).
1 Year Ignition Interlock Device

DUI & BAC .08 or More with a Prior Offense within 84 Months
90 Days Jail, but 60 may be suspended upon successful completion of screening and treatment.
$3,430 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
30 Hours Community Service

DUI Drugs DUI (A.R.S. §28-1381(A)(3))
10 Days Jail, but 9 may be suspended upon successful completion of screening and treatment.
$1,470 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device

DUI Drugs with a Prior Offense within 84 Months
90 Days Jail, but 60 may be suspended upon successful completion of screening and treatment.
$3,430 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
30 Hours Community Service

Extreme DUI (.15 or More) (A.R.S. §28-1382)
30 Days Jail, none suspended.
$2,720 Fine (which includes all surcharges except the jail reimbursement fee)
90 Day License Suspension (if it has not already been suspended by MVD).
1 Year Ignition Interlock Device

Extreme DUI (.15 or More) with a Prior Offense within 84 Months
120 Days Jail, none suspended, but 60 may be suspended upon successful completion of screening and treatment.
$3,680 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
30 Hours Community Service

Super Extreme DUI (.20 or More) (A.R.S. §28-1382)
45 Days Jail, none suspended.
$2,720 Fine (which includes all surcharges except the jail reimbursement fee)
90 Day License Suspension (if it has not already been suspended by MVD).
1 Year Ignition Interlock Device

Super Extreme DUI (.20 or More) with a Prior Offense within 84 Months
180 Days Jail, none suspended, 90 must be served consecutively.
$4,600 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
30 Hours Community Service

Minor Driving with Alcohol in the Body (A.R.S. §4-244.33)
No Minimum Penalty Imposed by Law.
MVD Suspends the driver’s license for 1 year (work/school permit is available).

Note: The above penalties do not address Felony DUI offenses or Commercial Drivers.
DUI with an invalid license or 3rd offense is a Class 4 Felony.
DUI with a child under 15 in the car is a Class 6 Felony.
Commercial Drivers have complex additional penalties that should be discussed with an attorney.